Current Michigan Felon Firearm Laws
As anyone charged with a felony might know, it comes with a set of rules and restrictions which apply. One of the major penalties that comes with having a felony is your second amendment rights. Federal law, and the law of plenty of states concurs that felons can not have firearms, for life.
However, despite how strict that sounds, there are ways around this law. Michigan allows felons under certain conditions to retain their second amendment rights. That means that there is a way in Michigan for a convicted felon to legally have a gun. Getting a gun however means that certain conditions need to be met.
How do you get your rights back? We’ll go over that in detail below, but the easiest way to start is by contacting a Detroit Michigan Lawyer who specializes in second amendment rights.
Current Felony Gun Restrictions in Michigan
You’ll want to pay attention to the penal codes if you want to see the entirety of the restrictions that apply. Of course a big variable to this is the exact felony that you were convicted for. Different felonies have different restrictions.
Expunged? If you have been pardoned or had your conviction expunged, you don’t have to worry about any of the following rules.
Were you convicted of a felony involving:
- Physical force against a person or property
- Controlled substances
- Illegal Explosive Use
- Unlawful Firearm Use
- Breaking and Entering
The following must be met in order to even own / transport a firearm:
- All fines must be pain
- All prison time served
- Probation / Parole completed
- A Michigan circuit court has restored your rights.
Section 28.424 outlines further rules regarding gun rights in Michigan.
How Can I Reinstate My Second Amendment Gun Rights As A Felon?
First off, federally, you can never again own or possess firearms legally. That means you a) shouldn’t leave the state with your firearms b) you can still get charged by a national park ranger, border patrol, or even a DEA agent. That means any federal employee can still charge you with a crime. In general that means you just should never use your second amendment rights near any federal property / land.
Now when it comes to reinstating your rights, you will have to apply. This requires filling out an application and sending it to the Michigan Superior Court. A judge will need to grant you the right as long as you meet certain criteria.
What happens if your application is rejected? This means waiting an entire year before applying again. Should you get rejected, this is a good chance to see what went wrong and have a stronger application the next time around.
In any case, always consult with an lawyer and if in the Detroit Metro Area, give us a call at 844 I CAN WIN to get the proper free legal consultation. We can give you better odds that your application will go through the first time so you won’t have to wait a year and do the process all over again.